Revolutionary War Pension and Bounty Land Warrant Application File R. 4009, Joseph Gilbert, New York

SERVICE
NUMBER
New York
Gilbert, Joseph.
JP 4009
CONTENTS

State of New York Saratoga County
On this first day of February 1840 personally appeared before me George I Scott, one of the judges of the Saratoga County Court Joseph Gilbert a resident of the town of Clifton Park in the County of Saratoga and State of New York aged Seventy three Years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named officers and served as herein stated
That in the year 1776 this deponent was called into the service of the United States by order of Captain Elisha Gilbert who then commanded a Company of Infantry of the Militia of the State of New York which Company belonged to a Regiment commanded by Col - Whiting, and was stationed at or in the vicinity of New Lebanon now Columbia County, that in the fall of the year 1776, a Division of Militia for said Regiment was appointed to the said Captain Gilbert's Company, and this deponent who was then a member of the said Captain Gilbert's Company was directed to take charge of said Munitions by the said Captain Gilbert as a guard, that the situation of the section in which the said Captain Gilbert resided being at the time surrounded by Tories & Indians rendered it necessary that a Sentinel should be kept at the said Captain Gilbert's house where said Munitions were deposited for safety, that during the deposit of the said Munitions attempts were made to seize the same that this deponent continued as a guard until in

in the Summer of 1877 when the deponent was called from said Guard to take the place of William Foster who had been previously wounded and rendered unable for camp duty that the said Foster took the place of the deponent as Guard as aforesaid when the deponent went to near where Buoyon was stationed and joined the Company of the said Captain Gilbert where the deponent remained in said Company one month and was dismissed and returned home and assumed the duties of a guard as aforesaid and the deponent further saith that he served as a guard as aforesaid at the place aforesaid from the fall of 1877 until the Spring of 1878 at all times unless called out to march on tours of duty as herein after stated
And the deponent further saith that during said year the Stores from Albany {Munitions} were directed to be removed from Albany to Pittsfield East this deponent was directed to go and assist in the removal of the same and did so and in which service the said deponent was engaged six days his orders were received from Capt Gilbert aforesaid
And the deponent further saith that on the last of July or first of August as near as he can now recollect in the year 1878 he again entered the service of the United States as a Substitute for Stephen Gray who was called out in the said Captain Gilbert's Company aforesaid. That Lieutenant Gray was Lieutenant of said Company, that the detachment marched from New Lebanon to Albany from there to Schenectady from there up the valley of the Mohawk to German Flats where the Regiment

12 Army was that an Engagement took place between the American Troops & the Indians in which Engagement this deponent was, that after the Enemy crossed the creek one of their Officers who was then called Bob Brant was killed, that the detachment in which this deponent was in was ordered to pursue the Enemy and that this deponent pursued them a number of four days when they were ordered to return back and after returning this deponent together with the Company was dismissed from duty and returned home after a tour of duty of six weeks as near as he can now recollect.
And this deponent further Saith that in the month of November 1778 about the first of the same a detachment was again ordered out under the Command of Lieut. Gray, this deponent again went in said detachment as a Substitute for the said Stephen Gray aforesaid, that said Company in which this deponent marched proceeded to Albany where they were joined by others and then marched to a place called Cherry Valley that they did not arrive at the place until after the Indians had consumed the buildings by fire after remaining there a short period they were then directed back and this deponent was dismissed, and returned home after a tour of duty of one month.
And this deponent further Saith that during the Year 1779 & a part of the Year 1780 he was on duty at short intervals being of January called on to detect pursue and convey to prison

such as were suspected and caught in arms or otherwise against the government that his situ- ation was such being a resident of the family of his brother Capt. Elish Gilbert aforesaid and the said Elish having been engaged the most of his time on active duty or as a Member of the general Committee he the deponent was required with some few others living in the immediate vicinity of the said Captain Gilbert to devote most of their time in the service of his country,
and the deponent further states that he was again called out into service of the United States as a Substitute for the said Stephen Gray aforesaid that the said  Captain  the  deponent  and  the  other  deponent the detachment they marched to Albany from thence he went to Schenectady and from there marched to Old Schoharie where they encamped and remained a short time when they were dis- missed and returned home after a tour of duty of one month, at this time the weather was cold the snow fell some inches whilst encamped at Schoharie thinks it was in November 1780
And the deponent further states that in the year 1781, this deponent was again called out as a Substitute for the said Stephen Gray under the Command of the said Captain Gilbert, that this detachment marched to Albany from there they proceeded up the valley of the Mohawk to Fort Stanwix from there the detachment marched against a band of Indians & Tories at a place then called

Oriseary at which place deponent was in the Engagement between the Americans and the Indians & Tories. In this town deponent had a tedious Campaign was destitute of food for three days with but little Exception. That after remaining on duty two months and over he was dismissed and returned home
And this deponent further saith that from the Commencement of the fall of 1776 to Winter of 1781. In this deponent was Engaged in the service of the United States and in the War of the Same City as Guard of Munitions as aforesaid or on other duty the most of his time that by reason of Old age and Consequent loss of memory he cannot set forth with precision his different terms of Service as as would be gratifying but that he did serve his Country as a Soldier of the revolution in the manner aforesaid And that the history of his services as aforesaid is correct according to the best of his present recollection and belief
And he further deponeth and says that the reason of his delaying his application to the present time was that he knew of no one living by whom he could prove any part of his services until in November last And that he had been informed orally believe that the department required testimony from some living witness without which no Applicant could be heard. That he knows of no person living by whom he can prove his services Excepting the Affidavit herunto annexed and that his Companions in Arms are all dead as far as he can learn

To the Interrogatories propounded by the Court I answer as follows I was born at the place called Hough, Township of Hutsfield State of New York on the 12 th day of May 1766 (1766)
 2 d I have no record of my age  3 d I resided in the town of New Lebanon now County of Columbia State of New York when called into service I resided there during the War of the Revolution and after the close of the same I moved to the town of Clifton Park Saratoga County State of New York where I have resided ever since 
4 th I entered the service by order of Captain Elisha Gilbert as afore stated and I also served at several times as a Substitute for Stephen Gray
5 th I was acquainted with _____ who was in command as regular officers. I was also acquainted with Col. _____ Whiting, Capt. Gilbert & Boston Lieutenant Gray and as to the circumstances of my service I have given a detail of them as near as I can recollect
6 th I never received a written discharge to my recollection was always dismissed at the close of my service
7 th I would give the names of James Jones, and Nathan Garvey with whom I am personally acquainted in my present neighborhood who can testify as to my character for veracity and their belief of my services as a Soldier in the revolution
He hereby relinquishes every claim whatever to a pension or annuity

Except the present and declare that my name is not on the pension roll of the agency of any State
Sworn to and Subscribed the day and year aforesaid before me.
Wm H Scott Judge of Saratoga Co. Courts
Joseph Gilbert
We James Jones & Nathan Barney residing in the town of Cliftonpark Saratoga County hereby Certify that we are well acquainted with Joseph Gilbert who has subscribed and sworn to the above declaration that we believe him to be Seventy three years of age, that he is respected and beloved in the neighborhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion
Sworn and Subscribed the day and year aforesaid before me
Wm H Scott Judge of Saratoga Co. Courts
Nathan Barney James Jones
And I the said Wm H Scott
Judge aforesaid do hereby deliver my Opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named Applicant was a revolutionary Soldier and served as he states And I further Certify that the said applicant by reason of Infirmary and general Debility, is unable to make his declaration in Open Court residing some distance from the County seat to wit about seven miles And I further Certify that it appears to me that James Jones and Nathan Barney who have signed the preceding Certificate are residents

of the town of Cliftonpark that they are cred- -ible persons and that their statement is entitled to Credit for two of the oldest residents of said town Myself Scott and said Saratoga Co. County Archibald Smith Clerk of the Court of Common Pleas in and for the County of Saratoga Do Certify that George G Scott before whom the foregoing declaration was made as also the preceding affidavit was taken is and was at the above date of the foregoing One of the judges of the Saratoga County Courts in and for the County of Saratoga State of New York that I am personally acquainted with the hand writing and signature of the said George G Scott and believe that the signature affixed to said declaration and affidavit is his genuine hand writing and signature
In testimony whereof I have hereunto set my hand and Seal Office this first day of February 1840
Archibald Smith. Clerk Saratoga County

State of New York Columbia County
I Esda Gilbert a resident of the town of New Lebanon in the county of Columbia and State of New York do hereby certify that I am the son of Esda Gilbert deceased who was a captain of a company of militia of the State of New York and Colbeck Company belonged to a Regiment commanded by Colonel William Whiting. Said Regiment was organized by authority of the general Committee of the State of New York.
That in the year 1777 at the commencement of the same Joseph Gilbert brother of the said Captain Gilbert my father and a member of his family was called out into the service of the United States and was absent from home a short time and then returned. That he again left home at one or two different times thereafter during said year as a substitute for one Stephen Gray was out on the northern frontier in the vicinity of Burgoyne's Army yet had a piece of service he performed at either of those times I cannot recollect.
That in the season of 1776 a distribution of Military Stores was made to Col Whiting's Regiment and the same was distributed among the several companies in said Regiment that the stores allotted to my father's company was placed at his dwelling house when it was known by the Tories to be that an attempt was contemplated to seize the same and it became necessary for the safety of said munitions to keep a guard. That the said Esda Gilbert served as such guard from the commencement of the deposit of said stores in 1776 until 1778 excepting when called out into service. One circumstance of said guard was that in the fall of 1777 my father then on the northern frontier detached a man from the Army by the name of William Foster who had been previously wounded and sent

him to guard the stores and on his arrival the said Joseph left for the Camp
That in the year 1778 the said Joseph Gilbert was called out a number of times and was absent from home on duty yet the length of his service I cannot recollect
That the said Joseph was again called out at different times in the 1779 was absent from home during which year and the two previous years the most annoyance was experienced in this vicinity and on the Northern & Western frontier within a certain distance
That from the year 1779 to the close of the war the said Joseph was out on duty at different times yet I cannot say with any precision the length of time he served at each town during the war of the Revolution, that he served as aforesaid I am satisfied from the fact that he resided in the family of my father as aforesaid during the war of the Revolution and that I also resided with him at the time and that during
Columbia County, ss. Clerk's Office,
I, KILLIAN MILLER, Clerk of the county of Columbia, Do hereby certify, That Allen S. Wheeler who has annexed the certificate and before whom the affidavit purports to have been sworn, was on the day of the date of the same, a Justice of the Peace in and for said county. And further, that I am acquainted with the hand writing of the said Justice, and verily believe the name of the said Justice subscribed to the said affidavit, to be his proper hand writing and signature.
In Testimony whereof, I have hereunto set my name and affixed the Seal of the said county, this twenty eighth day of November 1834 Killian Miller
on his that the Cayuga New York Gilbert of the Columbia who before me as that to the Justice

him to guard the stores and on his arrival the said Joseph left for the Camp
That in the year 1778 the said Joseph Gilbert was called out a number of times and was absent from home on duty yet the length of his service I cannot recollect
That the said Joseph was again called out at different times in the 1779 was absent from home during which year and the two previous years the most annoyance was experienced in this vicinity and on the Northern & Western frontier within a certain distance
That from the year 1779 to the close of the war the said Joseph was out on duty at different times yet I cannot say with any precision the length of time he served at each time during the war of the Revolution, that he served as aforesaid I am satisfied from the fact that he resided in the family of my father as aforesaid during the war of the Revolution and that I also resided in my father's family at the time and that during said period I was called upon to convey him on his way to perform some of his services, and that the said Joseph Gilbert now resides in the town of Castana Park in the County of Seneca and State of New York
Sworn subscribed to this
22 d day of Nov 1839
before me Allen S Wheeler justice
Eliza Gilbert
State of New York } I Allen S Wheeler a justice of the County of Columbia } peace in and for the County of Columbia aforesaid Do Certify that Eliza Gilbert who subscribed and swore to the above affidavit before me on the date above named is well known to me as a man of good moral character and that his statement therein made is entitled to the fullest credit
Allen S Wheeler justice

1009  am
P. O. _____
Joseph Gilbert
Service: _____
REJECTED
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

N. York 35,035
Joseph Gilbert
let. to Applicant 2. May 1840
to S. W. Higgins 4. May 1840
to claimant 12. Aug. 1840
Rejected
Suspended
S. W. Higgins,
Jan'y. 31 st 1842
Act June 1832

10/2 Dipton Park, N.Y. Jan 7 1872 Joseph Gilbert
Free
Am J L Edwards
4009
Commissioner of Pensions Washington D.C.

Clifton Park NY Jan'y 18, 1842
Sir
The claim of Joseph Gilbert for a Pension under the Act of 1832 has been forwarded to the Office some time since and if I distinctly recollect an answer from you on that subject was received by him, he called on me some few days since and requested me to write you on the subject as to what would be the probable event, stating from what information he derived from your letter to him he had made out a claim sufficient to entitle him to a Pension. Yet not enough proof Satisfactory to entitle him to the whole Amount of time he claimed.
Mr. Gilbert is one of those Applicants that is in my Opinion Entitled to a Pension from what I have had an opportunity of learning from those with whom he was associated in the War of the Revolution he is a Man of Steady and Correct habits and as has been before stated he omitted to make his claim until a late day having been Misinformed as to the provision of the Act. This delay has operated much to his disadvantage by reason of the death of some of those persons and most or all of those with whom he served in the Revolution. If therefore his claim should be reduced to six months service it would still be of Importance to him and thankfully received.
Under the present anxiety of mind he is now in relation to the final result of his claim I am prompted to write you on the subject and hope this will be an apology for so doing —
Yrs J. Edwards
Yours S. H. Ladd J. W. Wiggins

35035
Prison Otago matter The Col of Aug 14 1832
Feb. 13. 1840
Jos: Gilbert
7 June 1832
W.D.
at 2/6
for full amount
Scotney at Mrs Washington 2/6

III
Aspen Park NY July 18 th July 20 th N.Y. Joseph Gilbert Oct 1832.
Pension document under the act of June 7 th 1832
For Joe P. Parnate Secretary of War Washington D.C.

State of New York Saratoga County
Joseph Gerburt named in the annexed declaration on oath deposes and says that the allegations has been made at the Office of the Comptroller of our said State and no evidence of Militia service of private can be found
That I am also informed that a large amount of papers supposed to be the Rolls of Company & Regimental service was some years since delivered to a person on receipt and supposed to be now at the Pension Office at Washington by the removal of which and that to without any memorandum of their contents it is believed that many a soldier of the Revolution is deprived of the evidence which he could have obtained and in the absence of which at this late day he is unable now to procure from living witnesses thereby depriving him of a pittance so justly claimed at the hand of government. And this deponent further saith that he knows of no other testimony which he can procure as to his service excepting such as is already annexed to his declaration. That he is instructed to say that if a further examination is had of his declaration in relation to the Certificate of Hon George W Scott before whom it was made that his Certificate as to his inability to attend Court will comply with the requirements of the Secretary in that case.
That his infirmity as to bodily decay is such as to render him unable to attend Court at its usual sitting without endangering his health and life
That he has no documentary evidence in his possession further can be found

any in the possession of the king of his Brother Captain Elisha Gilbert to further sustain his claim as the most of the papers left by said Captain Gilbert his since his death been considered useless and were consequently destroyed
That this deponent did leave his Country as a Soldier in the War of the Re- -bellion a period as long and longer than that set forth in his declaration is true. Yet age and consequent loss of memory is such that he may not have given the correct dates in all respect
To S r John Gilbert
Sworn & Subscribed to this 13 th day of June 1840 be fore me
Sister M. Higgins Justice Peace
State of New York Saratoga County ss
I let Mr. Higginson one of the justices of the peace in and for the County of Lancaster aforesaid Certify that Joseph Gilbert who subscribed and swore to the above affidavit before me on the above date is well known to me as a man of good moral char- acter and that his statement is entitled to credit.
Little W. Higgings Jus in Peace
State of New York Seneca County
I Archibald Smith Clerk of the County of Saratoga Do Certify that Seth W. Higgings whose name is subscribed to the above affidavit and Certificate was at the date of the taking such affidavit and making said Certificate a Justice of the Peace in and for the County of Saratoga residing in the said County and duly authorized to take the same. And further that I am well acquainted with the hand writing of the said Seth W. Higgings and hereby believe that the signature of Seth W. Higgings to the said affidavit & signature is genuine. In testimony whereof I have hereunto subscribed my name and affixed my seal the 12 th day of July 1840 — Archibald Smith Clerk

Jamesville Saratoga County N.Y. July 18 1840
In Enclose is my declaration with an amended affidavit
There appears to have been objections as to my not making my declaration in Open Court to which I reply in answer that the Certificate of Hon. Judge Scott sets forth the reason of my not doing so. I am old and infirm and unable to attend court. I am also unable to procure any further testimony in relation to my case. I have served my county as Justice of the Peace. I have no document evidence of such service. I rely on facts in my declaration and notice to sustain my claim all of which I respectfully submit
Your Young Obed
Mr. S. Edwards
J. Gilbert